[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Rules and Regulations]
[Pages 58013-58015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25413]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD08-03-036]
RIN 1625-AA08


Special Local Regulations for Marine Events; Ohio River, Miles 
467.0 to 475.0 and Licking River, Miles 0.0 to 0.5; Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``2003 Tall Stacks Heritage Festival'', a marine 
event to be held from October 14, 2003 until October 20, 2003, on the 
waters of the Ohio River beginning at mile marker 467.0 and ending at 
mile marker 475.0, and on the waters of the Licking River beginning at 
mile marker 0.0 and ending at mile marker 0.5. These temporary special 
local regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to control 
vessel traffic along portions of the Ohio and Licking Rivers during the 
event.

DATES: This rule is effective from 8 a.m. on October 14, 2003 until 1 
p.m. on October 20, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD08-03-036] and are available for 
inspection or copying at Commander, Eighth Coast Guard District (m), 
Hale Boggs Federal Bldg., 501 Magazine Street, Room 1341, New Orleans, 
LA 70130 between 8 a.m. and 3:30 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Kevin Lynn, Project 
Manager for the Eighth Coast Guard District Commander, Hale Boggs 
Federal Bldg., 501 Magazine Street, New Orleans LA 70130, telephone 
(504) 589-6271.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553 (b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and under 5 U.S.C. 553 (d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. Publishing an NPRM and 
delaying its effective date would be contrary to public interest since 
immediate action is needed to protect vessels and mariners from the 
hazards associated with the ``2003 Tall Stacks Heritage Festival''. 
This festival is expected to attract over 25,000 waterborne spectators, 
17 paddle wheel vessels, hereafter referred to as participant vessels, 
and daily shoreside spectators in excess of 200,000. The potential for 
vessel collisions and damage to moored vessels is high. These temporary 
special local regulations will reduce the potential for collisions and 
damage by limiting the speed that vessels may transit through the 
regulated area.

Background and Purpose

    Commencing on October 14, 2003 and lasting until October 20, 2003, 
the Greater Cincinnati Tall Stacks Commission will sponsor the ``2003 
Tall Stacks Heritage Festival'', on the waters of the Ohio River 
beginning at mile marker 467.0 and ending at mile marker 475.0 and on 
the waters of the Licking River beginning at mile marker 0.0 and ending 
at mile marker 0.5. The event will involve 17 participant vessels which 
will conduct excursions, races, parades and moored tours. Over 25,000 
waterborne spectators are anticipated. Over 200,000 daily shoreside 
spectators are anticipated. In order to preserve the

[[Page 58014]]

safety of the participant vessels, recreational vessels and shoreside 
spectators, temporary special local regulations are needed to control 
vessel traffic during the event. Vessel traffic will be temporarily 
restricted to provide for this safety. Vessels entering into the 
regulated area described in this rule are only authorized to do so at a 
no wake speed. Commercial towing vessels shall transit at the slowest 
safe speed to maintain steerageway and minimize wake. All vessels 
within the regulated area shall not anchor, loiter, impede participant 
vessels or pass within 20 feet of a moored participant vessel. The 
operator of any vessel in the regulated area shall stop the vessel 
immediately when directed to do so by any Coast Guard Patrol Commander 
and proceed as directed by any Coast Guard Patrol Commander.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This regulated area has been narrowly tailored to impose the least 
impact on general navigation yet provide the level of safety deemed 
necessary. This rule only prevents traffic from transiting within 20 
feet of a moored participant vessel and does not otherwise effect a 
closure of the Ohio and Licking Rivers. All commercial, spectator and 
recreational vessels will be allowed to transit through the regulated 
area provided that they are in compliance with these temporary special 
local regulations. The effect of this rule will not be significant due 
to the limited duration that the regulated area will be in effect and 
the extensive advance notifications that will be made to the maritime 
community via Local Notice to Mariners and marine information 
broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of recreational and 
commercial towing vessels intending to transit the Ohio River beginning 
at mile marker 467.0 and ending at mile marker 475.0 and the Licking 
River beginning at mile marker 0.0 and ending at mile marker 0.5, from 
8 a.m. on October 14, 2003 until 1 p.m. on October 20, 2003.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period of time. All commercial, 
spectator and recreational vessels will be allowed to transit through 
the regulated area provided that they are in compliance with these 
temporary special local regulations. Before the effective period, we 
will notify the maritime community through Local Notice to Mariners and 
marine information broadcasts.
    If you are a small business entity and are significantly affected 
by this regulation please contact LT Kevin Lynn, Project Manager for 
the Eighth Coast Guard District Commander, Hale Boggs Federal Bldg., 
501 Magazine Street, New Orleans LA 70130, telephone (504) 589-6271.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on actions by employees of 
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a state, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and

[[Page 58015]]

responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not determined it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Paragraph (34)(h) states that special 
local regulations issued in conjunction with a regatta or marine parade 
permit are specifically excluded from further analysis and 
documentation.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  100.35T-08-803 is added to read as follows:


Sec.  100.35T-08-803  Ohio River, Miles 467.0 to 475.0 and Licking 
River, Miles 0.0 to 0.5; Cincinnati, OH.

    (a) Definitions.
    Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the Captain 
of the Port Louisville.
    Participant means all vessels participating in the ``2003 Tall 
Stacks Heritage Festival'' under the auspices of the Marine Event 
Permit issued to the event sponsor and approved by the Captain of the 
Port Louisville.
    Regulated area means the waters of the Ohio River beginning at mile 
marker 467.0 and ending at mile marker 475.0, and the waters of the 
Licking River beginning at mile marker 0.0 and ending at mile marker 
0.5.
    (b) Special local regulations. (1) All vessels entering into the 
regulated area are only authorized to do so at a no wake speed.
    (2) Commercial towing vessels shall transit through the regulated 
area at the slowest safe speed to maintain steerageway and minimize 
wake.
    (3) All vessels within the area shall not anchor, loiter, impede 
participant vessels or pass within 20 feet of a moored participant 
vessel.
    (4) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any Coast 
Guard Patrol Commander.
    (ii) Proceed as directed by any Coast Guard Patrol Commander.
    (c) Effective date. This section is effective from 8 a.m. on 
October 14, 2003 until 1 p.m. on October 20, 2003.

    Dated: September 18, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-25413 Filed 10-7-03; 8:45 am]
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